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19601A.doc/T05mls
State of New York Executive Department
Office Of General Services
Procurement Services Group
Corning Tower Building - 38th Floor
Empire State Plaza
Albany, New York 12242
http://www.ogs.state.ny.us
CONTRACT AWARD NOTIFICATION
Title : Group 37000 - MOWING EQUIPMENT (Walk
Behind Type) WEED TRIMMER & ROTO-
TILLER (Statewide)
Classification Code: 21
Award Number : 19601 (Replaces Award 18895)
Contract Period : May 15, 2005 to May 14, 2006
Bid Opening Date : February 15, 2005
Date of Issue : June 2, 2005
Specification Reference : As Incorporated In The Invitation for Bids
Contractor Information : Appears on Page 2 of this Award
Address Inquiries To:
State Agencies & Vendors Political Subdivisions & Others
Customer Services
Name :
Title :
Phone :
Fax :
E-mail :
Beverly L. Moore
Purchasing Officer I
518-474-3856
518-474-8676
beverly.moore@ogs.state.ny.us
Phone :
Fax :
E-mail :
518-474-6717
518-474-2437
customer.services@ogs.state.ny.us
The Procurement Services Group values your input.
Complete and return "Contract Performance Report" at end of document.
Description
This award covers both light and heavy duty lawn mowers which are gasoline engine powered.
The types include both Light Duty (Small Area/Home Type) and Heavy Duty (Large Area/Commercial
Type). The styles include both hand-propelled and self-propelled mowers. This award also covers roto-
tillers and hand-held weed trimmers.
PR #19601
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 2
WEED TRIMMER & ROTO-TILLER (Statewide)
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NOTE: See individual contract items to determine actual awardees.
CONTRACT # CONTRACTOR & ADDRESS TELEPHONE # FED.IDENT.#
PC61757 BAYLES GARDEN CENTER 516/883-6660 112377426
SB & NURSERY, INC. Mr. Michael Lamberti
88 South Bayles Ave. Fax: 516/767-1361
Port Washington, NY 11050 E-mail: pjmlambs3@aol.com
Web: www.baylesgardencenter.com
PC61758 FIERLE DISTRIBUTION CORP. 716/947-0428 161463637
SB 1393 Wisconsin Rd. Mr. Jeffery Fierle
PO Box 773 Fax: 716/947-0429
Derby, NY 14047 E-mail: fierledist@verizon.net
PC61759 GRASSLAND EQUIPMENT & 800/564-5236 141460098
SB IRRIGATION CORP. 716/822-2020
892-898 Troy-Schenectady Rd. Mr. Steve Piper
Latham, NY 12110 Fax: 800/858-2000
716/822-8836
E-mail: sjpiperbla@aol.com
Web: www.grasslandcorp.com
PC61760 HENRY W. O'NEILL & 800/724-3145 160923534
SB ASSOCIATES, INC. 585/924-3700
WBE 795 Canning Parkway Mr. John Werder
Victor, NY 14564 Fax: 800/724-3144
Disc: 1% - 15 Days 585/924-7494
E-mail: john@oneilloutdoor.com
Web: www.oneilloutdoor.com
PC61761 KIMBER'S INC. 800/627-1660 150584556
SB 115 N. Geddes St. 315/478-5761
Syracuse, NY 13204 Mr. Gary Bobbett
Mr. Scott Bobbett
Fax: 888/478-4926
315/478-4926
E-mail: sbobbett@kimbersinc.com
PC61762 S.V. MOFFETT CO., INC. 888/708-5296 160714976
SB 33 Thruway Park Dr. 585/334-0100
WBE West Henrietta, NY 14586 Mr. Solon Barnard
Fax: 585/334-6332
E-mail: info@svmoffett.com
Web: www.svmoffett.com
Cash Discount, If Shown, Should be Given Special Attention.
INVOICES MUST BE SENT DIRECTLY TO THE ORDERING AGENCY FOR PAYMENT.
(See "Contract Payments" and "Electronic Payments" in this document.)
AGENCIES SHOULD NOTIFY THE PROCUREMENT SERVICES GROUP PROMPTLY IF THE CONTRACTOR
FAILS TO MEET DELIVERY OR OTHER TERMS OF THIS CONTRACT. PRODUCTS OR SERVICES WHICH
DO NOT COMPLY WITH THE SPECIFICATIONS OR ARE OTHERWISE UNSATISFACTORY TO THE
AGENCY SHOULD ALSO BE REPORTED TO THE PROCUREMENT SERVICES GROUP.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 3
WEED TRIMMER & ROTO-TILLER (Statewide)
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SMALL, MINORITY AND WOMEN-OWNED BUSINESSES:
The letters SB listed under the Contract Number indicate the contractor is a NYS small business.
Additionally, the letters MBE and WBE indicate the contractor is a Minority-owned Business Enterprise and/or
Woman-owned Business Enterprise.
NOTE TO AUTHORIZED USERS:
When placing purchase orders under the contract(s), the authorized user should be familiar with and
follow the terms and conditions governing its use which usually appears at the end of this document. The
authorized user is accountable and responsible for compliance with the requirements of public procurement
processes. The authorized user must periodically sample the results of its procurements to determine its
compliance. In sampling its procurements, an authorized user should test for reasonableness of results to ensure
that such results can withstand public scrutiny.
The authorized user, when purchasing from OGS contracts, should hold the contractor accountable for
contract compliance and meeting the contract terms, conditions, specifications, and other requirements. Also, in
recognition of market fluctuations over time, authorized users are encouraged to seek improved pricing whenever
possible.
Authorized users have the responsibility to document purchases, particularly when using OGS multiple
award contracts for the same or similar product(s)/service(s), which should include:
• a statement of need and associated requirements,
• a summary of the contract alternatives considered for the purchase,
• the reason(s) supporting the resulting purchase (e.g., show the basis for the selection among multiple
contracts at the time of purchase was the most practical and economical alternative and was in the best
interests of the State).
PRICE:
Price includes all customs duties and charges and is net, F.O.B. destination any point in New York State
including unloading at storeroom door, operational instruction of agency personnel (comprehensive manual
acceptable).
The unit price is a delivered price (including all freight charges) regardless of quantities or weight.
In addition, upon mutual agreement, delivery locations may be expanded per the "Extension of Use"
clause.
ACCEPTANCE OF NYS PROCUREMENT CARD: Add'l. Discount
for Purchases
Contractor Yes/No Made with Card
Bayles Garden Center & Nursery, Inc. No N/A
Fierle Distribution Corp. Yes 0%
Grassland Equipment & Irrigation Yes 0%
Henry W. O'Neill & Associates, Inc. Yes 0%
Kimber's Inc. No N/A
S.V. Moffett Co., Inc. Yes 0%
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 4
WEED TRIMMER & ROTO-TILLER (Statewide)
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LIGHT DUTY DOMESTIC TYPE ROTARY MOWERS:
Item Item Unit
No. Description Price
1. Rotary Mower, Light Duty,
Hand Propelled, 20”
cut, 3.5 HP/4 cycle gasoline
engine, and as described below. $165.00
Cutting Width: 20 in.
Mower Make & Model Number: Southland 90-0520
Make, Model Number & HP of Engine: B&S 09D902 3.5 HP
No. of Cycles: 4
Cutting Height: 1 in. to 3 in.
Blade Type: Steel
Deck Gauge: 14
Wheels: 7" Poly
Discharge: Side
Price Additional for Steel Wheels [if available]: $30.00/(4-wheels)
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 1: GRASSLAND EQUIPMENT & IRRIGATION CORP.
2. Rotary Mower, Hand Propelled,
Min. 21” cut, 6.5 HP/4
cycle gasoline engine, and as
described below. $246.00
Cutting Width: 22 in.
Mower Make & Model Number: Toro 20008
Make, Model Number & HP of Engine: Tecumseh LEV120 HO 6.5 HP
No. of Cycles: 4
Cutting Height: 1-1/4 in. to 4-1/4 in.
Blade Type: Steel
Deck Gauge: 14
Wheels: Plastic & Rubber
Discharge: Side
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 2: GRASSLAND EQUIPMENT & IRRIGATION CORP.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 5
WEED TRIMMER & ROTO-TILLER (Statewide)
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LIGHT DUTY DOMESTIC TYPE ROTARY MOWERS: (Cont'd)
Item Item Unit
No. Description Price
3. Rotary Mower, Self-Propelled,
22” cut, 6.5 HP/4 cycle gasoline
engine, and as described below. $247.00
Cutting Width: 22 in.
Mower Make & Model Number: Toro 20007
Make, Model Number & HP of Engine: Tecumseh LEV120 HO 6.5 HP
No. of Cycles: 4
Cutting Height: 1-1/4 in. to 4-1/4 in.
Blade Type: Steel
Deck Gauge: 14
Wheels: Plastic & Rubber
Discharge: Rear
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 3: GRASSLAND EQUIPMENT & IRRIGATION CORP.
4. Rotary Mower, 21"-22” cut,
self-propelled, min. 4 HP/4 cycle,
gasoline engine, mulching/
recycling type and as
described in the detailed
specifications.) NO AWARD
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 6
WEED TRIMMER & ROTO-TILLER (Statewide)
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ROTARY MOWERS, HEAVY DUTY COMMERCIAL 20”-22”,
CUT MIN. 4 HP/4 CYCLE, COMMERCIAL GRADE ENGINE:
Item Item Unit
No. Description Price
5. Rotary Mower, Heavy Duty
Commercial, Hand-Propelled
21” Cut, 5 HP/4 cycle
air-cooled Commercial Grade
Gasoline Engine and as
described below. $549.00
Cutting Width: 21 in.
Mower Make & Model Number: Tru-Cut C2150B
Make, Model Number & HP of Engine: B-S 5 HP
No. of Cycles: 4
Cutting Height: 3/8 in. to 3-5/8 in.
Blade Type: Tempered Steel High Lift Type
Deck Gauge: High Strength Aluminum Magnesium
Wheels: 8" Front Steel - 9" Rear Steel
Discharge: Rear
Delivery: 30 Days A/R/O
CONTRACTOR ITEM 5: KIMBER'S INC.
6. Rotary Mower 21” Cut,
Self-Propelled Type as described
below. $689.00
Cutting Width: 21 in.
Mower Make & Model Number: Tru-Cut C2150BP
Make, Model Number & HP of Engine: B-S 5 HP
No. of Cycles: 4
Cutting Height: 3/8 in. to 3-5/8 in.
Blade Type: Tempered Steel High Lift
Deck Gauge: Cast Aluminum
Wheels: 8" Steel Front, 9" Steel Rear
Discharge: Rear
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 6: KIMBER'S INC.
ROTARY MOWERS, HEAVY DUTY COMMERCIAL 20”-22”, CUT, COMMERCIAL GRADE ENGINE,
MULCHING/ RECYCLING TYPE:
7. Rotary Mower 20”-22” Cut,
Self-Propelled Mulching/
Recycling Type, as described
in the detailed specifications. NO AWARD
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 7
WEED TRIMMER & ROTO-TILLER (Statewide)
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HIGH-WHEEL ROTARY MOWERS, HEAVY-DUTY, COMMERCIAL, SELF-PROPELLED AND HAND
PROPELLED:
Item Item Unit
No. Description Price
8. High-Wheel Rotary Mower
22” Cut, 6 HP/4-cycle
Commercial Grade,
I/C Engine, Hand Propelled
and as described below. $295.00
Cutting Width: 22 in.
Mower Make & Model Number: Southland 868-0522
Make, Model Number & HP of Engine: B&S 12J802 6.0 HP
No. of Cycles: 4
Cutting Height: 1 in. to 4 in.
Blade Type: Steel
Deck Gauge: 14
Size of Front Wheels: 8
Size of Rear Wheels: 16
Discharge: Side
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 8: GRASSLAND EQUIPMENT & IRRIGATION CORP.
9. High-Wheel Rotary Mower,
24” Cut, 10.5 HP/4-cycle
Commercial Grade,
I/C Engine, Self-Propelled
and as described below. $735.00
Cutting Width: 24 in.
Mower Make & Model Number: Kee KC24# 19800
Make: Briggs & Stratton 10.5 hp
No. of Cycles: 4
Cutting Height: 1.25 in. to 4 in.
Blade Type: HD High Lift Steel
Deck Gauge: 12
Size of Front Wheels: 8"
Size of Rear Wheels: 20"
Discharge: Side
Delivery: 45 Days A/R/O
CONTRACTOR, ITEM 9: BAYLES GARDEN CENTER & NURSERY, INC.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 8
WEED TRIMMER & ROTO-TILLER (Statewide)
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MID-SIZE OUT-FRONT ROTARY MOWERS, HEAVY-DUTY COMMERCIAL, MULTI-BLADED, WALK
BEHIND TYPE, SELF-PROPELLED:
Item Item Unit
No. Description Price
10. Out-Front Heavy Duty
Commercial Self-Propelled
Rotary Mower, 32” cut,
10.5 HP Twin Blades,
Walk-Behind Type and as
described below. $1,178.50
Cutting Width: 32 in.
Mower Make & Model Number: Sarlo 32B 10.5
Make, Model Number & HP of Engine: B&S 28B702 10.5 HP
No. of Cycles: 4
Cutting Height: 1-1/2 in. to 4 in.
Blade Type: Steel
Deck Gauge: 7
Size of Wheels-Drive: 13 x 5.0 x 6
Size of Wheels-Caster: 9 x 3.4-5
Discharge: Side
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 10: GRASSLAND EQUIPMENT & IRRIGATION CORP.
11. Out-Front Heavy Duty
Commercial Self-Propelled
Rotary Mower, 36” cut,
12 HP/4-cycle
Walk-Behind Type and as
described below. $1,749.95
Cutting Width: 36 in.
Mower Make & Model Number: Encore WB36B12
Make, Model Number & HP of Engine: 12 HP B-S
No. of Cycles: 4
Cutting Height: 1 in. to 4 in.
Blade Type: 2 Blades Tempered Steel
Deck Gauge: 10 Ga. & 7 Ga. Deck Plate & 7 Ga. Skirt
Size of Wheels-Drive: 13-6.5 x 6 2 Ply Pneumatic
Size of Wheels-Caster: 4.10-3.5 x 4 Ply
Discharge: Side
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 11: KIMBER'S INC.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 9
WEED TRIMMER & ROTO-TILLER (Statewide)
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MID-SIZE OUT-FRONT ROTARY MOWERS, HEAVY-DUTY COMMERCIAL, MULTI-BLADED, WALK
BEHIND TYPE, SELF-PROPELLED: (Cont’d)
Item Item Unit
No. Description Price
12. Out-Front Heavy Duty Commercial
Self-Propelled Rotary Mower,
48” cut, 15 HP 4 cycle I/C Engine
and as described below. $1,998.88
Cutting Width: 48 in.
Mower Make & Model Number: Toro 30197
Make, Model Number & HP of Engine: Kohler CV15T 15 HP
No. of Cycles: 4
Cutting Height: 1 in. to 4-1/4 in.
Blade Type: Steel
Deck Gauge: 10 Gauge Top; 7 Ga. Skirt
Size of Wheels-Drive: 16.5 x 13
Size of Wheels-Caster: 9 x 3.5
Discharge: Side
Delivery: 30 Days A/R/O
CONTRACTOR ITEM 12: GRASSLAND EQUIPMENT & IRRIGATION CORP.
13. Out-Front Heavy Duty Commercial
Hydrostatic Self-Propelled Mower,
48” cut, 15 HP 4 cycle I/C
Engine and as described below. $3,099.95
Cutting Width: 48 in.
Mower Make & Model Number: Encore WB48K15H
Make, Model Number & HP of Engine: 15 HP KAWASAKI FH4304
No. of Cycles: 4
Transmission Type: Hydro Pumps & Motors
Turning Radius: 0 in.
Wheels Size-Drive: 13-6.5 x 6 diameter
Steering Type: Twin Head Levers - Pistol Grip
Deck Gauge: 10 Ga. & 7 Ga. Deck Plate & 7 Ga. Skirt
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 13: KIMBER'S INC.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 10
WEED TRIMMER & ROTO-TILLER (Statewide)
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GOLF COURSE SPECIALTY MOWER:
Item Item Unit
No. Description Price
14. Self-Propelled Greens Mower
22” cut, Reel Type and
as described below. $5,305.00
Cutting Width: 22 in.
Mower Make & Model Number: Jacobsen 62280
Make, Model Number & HP of Engine: Honda GX120, KIQX, 4 HP
No. of Cycles: 4
Reel Type: 11 Blade
Frequency of Cut: .205
Range of Height Adjustment: 3/64 - 7/16
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 14: S.V. MOFFETT CO., INC.
15. Self-Propelled Greens Mower
22” cut, Reel Type Electrically
Powered and as described below. $7,235.00
Cutting Width: 22 in.
Mower Make & Model Number: Jacobsen E-Walk 62290
Electric Motor: 48 volts
Reel Type: 11 Blade
Frequency of Cut: .087 - .148
Range of Height Adjustment: 3/64 - 7/16"
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 15: S.V. MOFFETT CO., INC.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 11
WEED TRIMMER & ROTO-TILLER (Statewide)
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GRASS AND WEED TRIMMERS
Item Item Unit
No. Description Price
16. Gas Powered Grass and Weed
Trimmer, 25.4 c.c.
displacement 2-cycle,
air-cooled engine and as
described below. $158.87
Trimmer Make & Model Number: Red Max #BC250S
Make of Engine: Komatsu 25.4 cc
Starter Type: Recoil
Crankshaft Type: Double Lobed
Drive Shaft System: Straight Flex with greasable Transmission
Mono-Filament Line Diameter: .095
Shipping Weight: 11.1 pounds
Delivery: 14 Days A/R/O
CONTRACTOR, ITEM 16: FIERLE DISTRIBUTION CORP.
17. Gas Powered Grass and Weed
Trimmer, 30.0 c.c. dis-
placement 2-cycle, air-cooled
engine and as described below. $244.99
Trimmer Make & Model Number: Maruyama BC3020
Make, Model Number & HP of Engine: Maruyama CE300, 1.7 HP
Starter Type: Automatic Rewind
Crankshaft Type: Double Lobed
Drive Shaft System: Steel - Rigid
Mono-Filament Line Diameter: .095 in.
Shipping Weight: 12.7 pounds
Delivery: 30 Days A/R/O
CONTRACTOR, ITEM 17: HENRY W. O'NEILL & ASSOC., INC.
18. Roto-Tiller, Self-Propelled,
Walk-Behind, Min. 8 HP, and as
described in the detailed
specifications. NO AWARD
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 12
WEED TRIMMER & ROTO-TILLER (Statewide)
(continued)
19601A.doc/T05mls
REQUEST FOR CHANGE:
Any request by the agency or contractor regarding changes in any part of the contract must be made in
writing to the Office of General Services, Procurement Services Group, prior to effectuation.
CONTRACT PAYMENTS:
Payments cannot be processed by State facilities until the contract products have been delivered in
satisfactory condition or services have been satisfactorily performed. Payment will be based on any invoice used
in the supplier's normal course of business. However, such invoice must contain sufficient data including but not
limited to contract number, description of product or service, quantity, unit and price per unit as well as federal
identification number.
State facilities are required to forward properly completed vouchers to the Office of the State Comptroller
for audit and payment. All facilities are urged to process every completed voucher expeditiously giving
particular attention to those involving cash discounts for prompt payment.
If the contract terms indicate political subdivisions and others authorized by law are allowed to participate,
those entities are required to make payments directly to the contractor. Prior to processing such payment, the
contractor may be required to complete the ordering non-State agency's own voucher form.
See "Contract Billings" in Appendix B, OGS General Specifications.
ELECTRONIC PAYMENTS:
The Office of the State Comptroller (OSC) offers an "electronic payment" option in lieu of issuing checks.
To obtain an electronic payment authorization form visit the OSC website at www.osc.state.ny.us or contact
them by e-mail at epunit@osc.state.ny.us or by phone at 518-474-4032.
NOTE TO AGENCY:
When placing purchase orders against the contract(s) please forward the "Procurement Services Group
Copy" of the purchase order to: Senior Mechanical Inspector - OGS Procurement Services Group, 37th Floor
Tower Bldg., Empire State Plaza - Albany, NY 12242.
NOTE TO CONTRACTOR:
In the event a specified manufacturer's product listed in the Contract Award Notification becomes
unavailable or cannot be supplied to the State by the contractor for any reason (except as provided for in the
“Savings/Force Majeure” clause in Appendix B, OGS General Specifications), a product deemed by the Office
of General Services to be equal to or better than the specified product must be substituted by the contractor at no
additional cost or expense to the State.
PSG's DISPUTE RESOLUTION POLICY:
It is the policy of the Office of General Services’ Procurement Services Group (PSG) to provide vendors
with an opportunity to administratively resolve disputes, complaints or inquiries related to PSG bid solicitations
or contract awards. PSG encourages vendors to seek resolution of disputes through consultation with PSG staff.
All such matters will be accorded impartial and timely consideration. Interested parties may also file formal
written disputes. A copy of PSG’s Dispute Resolution Procedures for Vendors may be obtained by contacting
the person shown on the front of this document or through the OGS website (www.ogs.state.ny.us). Click on
"For Government - Contracts and Purchasing," then "Seller Information," then "Dispute Resolution Procedures
for Vendors."
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 13
WEED TRIMMER & ROTO-TILLER (Statewide)
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19601A.doc/T05mls
NON-STATE AGENCIES PARTICIPATION IN CENTRALIZED CONTRACTS:
New York State political subdivisions and others authorized by New York State law may participate in
contracts. These include, but are not limited to local governments, public authorities, public school and fire
districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation
in Centralized Contracts" in Appendix B, OGS General Specifications. For purchase orders issued by the Port
Authority of New York and New Jersey (or any other authorized entity that may have delivery locations adjacent
to New York State), the terms of the "Price" clause shall be modified to include delivery to locations adjacent to
New York State.
Upon request, all eligible non-State agencies must furnish contractors with the proper tax exemption
certificates and documentation certifying eligibility to use State contracts. A list of categories of eligible entities
is available on the OGS web site (www.ogs.state.ny.us). Click on "For Government-Contracts and Purchasing,"
then "About Procurement," then "Non-State Agency Legal References." Questions regarding an organization's
eligibility to purchase from New York State Contracts may also be directed to OGS Procurement Services
Group's Customer Services at 518-474-6717.
EXTENSION OF USE:
Any contract resulting from this bid solicitation may be extended to additional States or governmental
jurisdictions upon mutual written agreement between New York State (the lead contracting State) and the
contractor. Political subdivisions and other authorized entities within each participating State or governmental
jurisdiction may also participate in any resultant contract if such State normally allows participation by such
entities. New York State reserves the right to negotiate additional discounts based on any increased volume
generated by such extensions.
DELIVERY:
Delivery is expressed in number of calendar days required to make delivery after receipt of a purchase
order.
Product is required as soon as possible.
Delivery shall be made in accordance with instructions on Purchase Order from each agency. If there is a
discrepancy between the purchase order and what is listed on the contract, it is the contractor’s obligation to seek
clarification from the ordering agency and, if applicable, from the Office of General Services, Procurement
Services Group.
CONTRACT PERIOD AND RENEWALS:
Prices are firm for the entire period of the contract. Price escalation will not be allowed and is specifically
excluded from the terms and conditions of the contract award. Price decreases are permitted at any time.
If mutually agreed between the Procurement Services Group and the contractor, the contract may be
renewed under the same terms and conditions for additional period(s) not to exceed a total contract term of five
(5) years.
CANCELLATION FOR CONVENIENCE
The State of New York retains the right to cancel this contract, in whole or in part without reason provided
that the Contractor is given at least sixty (60) days notice of its intent to cancel. This provision should not be
understood as waiving the State's right to terminate the contract for cause or stop work immediately for
unsatisfactory work, but is supplementary to that provision. Any such cancellation shall have no effect on
existing Agency agreements, which are subject to the same 60 day discretionary cancellation or cancellation for
cause by the respective user Agencies.
SHORT TERM EXTENSION:
In the event the replacement contract has not been issued, any contract let and awarded hereunder by the
State, may be extended unilaterally by the State for an additional period of up to one month upon notice to the
contractor with the same terms and conditions as the original contract including, but not limited to, quantities
(prorated for such one month extension), prices, and delivery requirements. With the concurrence of the
contractor, the extension may be for a period of up to three months in lieu of one month. However, this
extension terminates should the replacement contract be issued in the interim.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 14
WEED TRIMMER & ROTO-TILLER (Statewide)
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CONTRACT MIGRATION:
State Agencies or any other authorized user holding individual contracts with contractors under this
centralized contract shall be able to migrate to this contract award with the same contractor, effective on the
contract begin date (retroactively, if applicable). Migration by an agency or any other authorized user to the
centralized contract shall not operate to diminish, alter or extinguish any right that the agency or other authorized
user otherwise had under the terms and conditions of their original contract.
WARRANTIES:
See "Warranties" in Appendix B, OGS General Specifications.
Normal wear and tear items shall be warranted in accordance with manufacturer's standard warranty.
REPORT OF CONTRACT PURCHASES:
Contractor shall furnish report of purchases made from contract the fifteenth of the month following the
end of each three month period. The reports shall be in the following format:
Item/
SubItem
Number
Product or
Catalog
Number
Product/
Service
Description
Total
Quantity Shipped
Total $
Value
The report is to be submitted to the Office of General Services, Procurement Services Group, Tower
Bldg., Empire State Plaza, Albany, NY 12242, to the attention of the individual shown on the front page of the
Contract Award Notification and shall reference the Group Number, the Invitation for Bids Number, Contract
Number, sales period, and contractor's name.
Additional related sales information, such as monthly reports, and/or detailed user purchases may be
required and must be supplied upon request.
Failure to submit the required report may be cause for disqualification of contractor for future contracts.
EMERGENCY PURCHASING:
In the event that a disaster emergency is declared by Executive Order under Section 28 of Article 2-B of
the Executive Law, or that the Commissioner determines pursuant to his/her authority under Section 163(10)(b)
of the State Finance Law that an emergency exists requiring the prompt and immediate delivery of products or
services, the Commissioner reserves the right to obtain such products or services from any source, including but
not limited to this contract, as the Commissioner in his/her sole discretion determines will meet the needs of such
emergency. Contractor shall not be entitled to any claim or lost profits for products or services procured from
other sources pursuant to this paragraph.
"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT:
Purchases of the products included in the Invitation For Bids and related Contract Award Notification are
subject to the "OGS or Less" provisions of Section 163.3.a.v., Article XI, of the New York State Finance Law.
This means that State agencies can purchase products from sources other than the contractor provided that such
products are substantially similar in form, function or utility to the products herein and are:
1. lower in price
-and/or-
2. available under terms which are more economically efficient to the State agency (e.g. delivery terms,
warranty terms, etc.).
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 15
WEED TRIMMER & ROTO-TILLER (Statewide)
(continued)
19601A.doc/T05mls
"OGS OR LESS" GUIDELINES APPLY TO THIS CONTRACT: (Cont'd)
Agencies are reminded that they must provide the State contractor an opportunity to match the non-
contract savings at least two business days prior to purchase. In addition, purchases made under "OGS or Less"
flexibility must meet all requirements of law including, but not limited to, advertising in the New York State
Contract Reporter, prior approval of the Comptroller's Office and competitive bidding of requirements exceeding
the discretionary bid limit. State agencies should refer to Procurement Council Bulletin "OGS or Less
Purchases" for complete procedural and reporting requirements.
GENERAL:
The equipment furnished under this award shall be manufacturer’s current standard product. All
accessories and components shall be furnished with each mower that are normally furnished with the standard
product offered commercially.
WORKMANSHIP:
Mowers and Weed Trimmers shall be free from defects such as fractures, splits, punctures, dents, rust
deterioration or malformations, sharp edges, burrs, and slivers. Finish shall consist of a durable, rust-proof,
weather-proof coating.
MANUALS AND PARTS LIST:
The supplier shall furnish one (1) copy of complete installation, a parts list, maintenance and operating
instructions for each item at time of shipment.
PACKING:
One complete mower or weed trimmer parts, tools (if standard) and technical publications shall be packed
to insure carrier-acceptance and safe delivery to destination.
INSPECTION:
Inspection shall be done by the receiving agency at time of delivery.
SAFETY:
As applicable, mowers shall conform to the latest updates of ANSI B71.1, ANSI B71.4 and shall meet
with current C.P.S.C. safety standards.
GROUP 37000 - MOWING EQUIPMENT (Walk Behind Type) AWARD PAGE 16
WEED TRIMMER & ROTO-TILLER (Statewide)
(continued)
19601A.doc/T05mls
State of New York
Office of General Services
PROCUREMENT SERVICES GROUP
Contract Performance Report
Please take a moment to let us know how this contract award has measured up to your expectations. If reporting
on more than one contractor or product, please make copies as needed. This office will use the information to improve
our contract award, where appropriate. Comments should include those of the product’s end user.
Contract No.: Contractor.
Describe Product* Provided (Include Item No., if available):
*Note: “Product” is defined as a deliverable under any Bid or Contract, which may include commodities (including
printing), services and/or technology. The term “Product” includes Licensed Software.
Excellent Good Acceptable Unacceptable
• Product meets your needs
• Product meets contract specifications
• Pricing
CONTRACTOR
Excellent Good Acceptable Unacceptable
• Timeliness of delivery
• Completeness of order (fill rate)
• Responsiveness to inquiries
• Employee courtesy
• Problem resolution
Comments:
(over)
Agency: Prepared by:
Address: Title:
Date:
Phone:
E-mail:
Please detach or photocopy this form & return by FAX to 518/474-2437 or mail to:
OGS PROCUREMENT SERVICES GROUP
Customer Services, Room 3711
Corning 2nd Tower - Empire State Plaza
Albany, New York 12242
* * * * *

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